TITLE 19.EDUCATION

Chapter 97. PLANNING AND ACCOUNTABILITY

Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING

(Editor's Note: In accordance with Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §97.1005 is not included in the print version of the Texas Register. The figure is available in the on-line issue of the April 1, 2005, issue of the Texas Register.)

The Texas Education Agency (TEA) proposes new §97.1005, concerning accountability and performance monitoring. The proposed new §97.1005 would describe the Performance-Based Monitoring Analysis System (PBMAS) and adopt applicable excerpts of the PBMAS 2004-2005 Manual, dated December 14, 2004.

House Bill 3459, 78th Texas Legislature, 2003, added Texas Education Code (TEC), §7.027, limiting compliance monitoring done by the TEA to that required to ensure school district and charter school compliance with federal law and regulations; financial accountability, including compliance with grant requirements; and data integrity for purposes of the Public Education Information Management System (PEIMS) and accountability under TEC, Chapter 39. The intent of this change was to limit and redirect monitoring efforts. To meet this requirement, the TEA developed the PBMAS, which is used in conjunction with other evaluation systems, to monitor performance and program effectiveness of special programs in school districts and charter schools. TEA legal counsel has determined that the commissioner of education should take formal rulemaking action to place into the Texas Administrative Code procedures related to the PBMAS. The intention is to annually update the rule to incorporate provisions for the most recent PBMAS manual.

The proposed new 19 TAC §97.1005 would describe the purpose of the PBMAS and manner in which school district and charter school performance will be reported. The proposed new rule would also adopt excerpts of the PBMAS 2004-2005 Manual that describe specific criteria and calculations that will be used to assign performance levels. The commissioner would establish specific criteria and calculations annually and communicate that information to school districts and charter schools. The proposal would establish in rule the procedures for the PBMAS. Applicable procedures would be adopted each year as annual versions of the PBMAS manual are published.

Criss Cloudt, associate commissioner for accountability and data quality, has determined that for the first five- year period the new section is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the new section.

Dr. Cloudt has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the section will be to inform the public of the procedures for the PBMAS by including this rule in the Texas Administrative Code . There is no anticipated economic cost to persons who are required to comply with the proposed new section.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The new section is proposed under the Texas Education Code, §7.027, which authorizes the agency to monitor as necessary to ensure school district and charter school compliance with state and federal law and regulations.

The new section implements the Texas Education Code, §7.027.

§97.1005.Performance-Based Monitoring Analysis System.

(a) In accordance with Texas Education Code, §7.027(a), the purpose of the Performance-Based Monitoring Analysis System (PBMAS) is to report annually on the performance of school districts and charter schools in selected program areas: bilingual education/English as a Second Language, career and technology education, special education, and certain Title programs under the federal No Child Left Behind Act. The performance of a school district or charter school is reported through indicators of student performance and program effectiveness and corresponding performance levels established by the commissioner of education.

(b) The assignment of performance levels for school districts and charter schools in the 2004-2005 PBMAS is based on specific criteria and calculations, which are described in an excerpted section of the PBMAS 2004-2005 Manual provided in this subsection.

Figure: 19 TAC §97.1005(b) (.pdf)

(c) The specific criteria and calculations used in the PBMAS are established annually by the commissioner of education and communicated to all school districts and charter schools.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 14, 2005.

TRD-200501139

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: May 1, 2005

For further information, please call: (512) 475-1497